ALL ASSAM LAWYERS ASSOCIATION Vs. ASHOK KUMAR BORAH

JUDGEMENT

(1.) This application under Article 227 of the Constitution of India has been filed challenging the decree dated 5-7-94 passed by the Munsiff No. 2, Gauhati in Title Suit No. 176/94. Some other order dated 12-7-94 was also passed by the Asstt. District Judge No. 1 in Misc. Case No. 29 / 94 and 30/94 are challenged but I am not deciding the legality and validity of those orders I shall keep myself confined in this petition only with regard to the legality and validity of the decree dated 5-7-94 decreeing the suit of the plaintiff on admission.

(2.) The brief facts of the case are as follows : The Opp. Party No. 1 brought a suit being T.S. No. 176/94 before the Sadar Munsiff No. 1, Guwahati. The suit was subsequently transferred to the court of the Munsiff No. 2. The following were the defendants in that suit : i) All Assam Lawyers' Association, ii) Sri Lakheswar Hazarika, Advocate, iii) Sri Satyandra Prasad Deka, Advocate, General Secretary, All Assam Lawyers' Association, Guwahati, iv) Shri Paramananda Choudhury, Advocate Vice-President, All Assam Lawyers' Association, Guwahati.

(3.) The suit was for declaration of the proceedings and the Election of the 6th Bi-Annual Conference of the All Assam Lawyers' Association held at Bongaigaon on the 9th and 10/04/1994, as illegal, void ab initio void and inoperative. The suit was filed on 27-5-94. A notice under Order 1, Rule 8 was issued and the same was published in the Assam Tribune in June, 1994. Thereafter, it appears from the record that Shri Satyandra Prasad Deka, defendant No. 3 appeared in the suit by filing a Vokalatnama. The Vokalatnama which was filed on 7/06/1994 does not show that this was filed for and on behalf of the defendants as Vokalatnama itself will show that it was filed only on behalf of Shri Satyandra Prasad Deka. Be that as it may, a written statement was filed on 27-6-94 and in this written statement it is stated that it was filed on behalf of the defendants and the verification as signed by Shri Satyandra Prasad Deka in his capacity as General Secretary of All Assam Lawyers' Association. It appears that the verification was also signed by the defendant No. 4 Shri Paramananda Choudhury as admitted by the counsel of both the sides.